Case: Protect Democracy Project v. U.S. Office of Management and Budget

Protect Democracy Project v. U.S. Office of Management & Budget

Citizens for Responsibility and Ethics in Washington v. Office of Management and Budget

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11612244) filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Russell T. Vought, # 3 Summons U.S. Office of Management and Budget)(Jacobson, Daniel) (Entered: 04/14/2025)

1 Civil Cover Sheet

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2 Summons Russell T. Vought

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3 Summons U.S. Office of Management and Budget

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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROTECT DEMOCRACY PROJECT (Jacobson, Daniel) (Entered: 04/14/2025)

NOTICE OF RELATED CASE by PROTECT DEMOCRACY PROJECT. Case related to Case No. 1:25-cv-1051. (Jacobson, Daniel) (Entered: 04/14/2025)

REQUEST FOR SUMMONS TO ISSUE filed by PROTECT DEMOCRACY PROJECT. Related document: 1 Complaint, filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Summons Attorney General)(Jacobson, Daniel) (Entered: 04/14/2025)

SUMMONS (4) Issued Electronically as to U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/15/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kyla M. Snow, Filing fee $ 100, receipt number ADCDC-11616990. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of good standing, # 3 Text of Proposed Order)(Jacobson, Daniel) (Entered: 04/15/2025)

NOTICE of Appearance by Kyla Marie Snow on behalf of PROTECT DEMOCRACY PROJECT (Snow, Kyla) (Entered: 04/15/2025)

Case Assigned/Reassigned

Case Assigned to Judge Emmet G. Sullivan. (znmw)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Emmet G. Sullivan on 4/15/2025. (lcegs1)

STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 04/16/25. (Attachment: # 1 Exhibit 1) (mac) (Entered: 04/16/2025)

RESPONSE TO ORDER TO SHOW CAUSE re Order, filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Exhibit 1 - USPS Delivery Confirmation)(Jacobson, Daniel) (Entered: 04/21/2025)

1 Exhibit 1 - USPS Delivery Confirmation

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NOTICE of Appearance by Carmen M. Banerjee on behalf of All Defendants (Banerjee, Carmen) (Entered: 04/21/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/21/2025. Answer due for ALL FEDERAL DEFENDANTS by 6/20/2025. by PROTECT DEMOCRACY PROJECT (Attachments: # 1 Exhibit 1 - USPS Delivery Confirmation)(Jacobson, Daniel) Modified event on 4/23/2025 (mg). (Entered: 04/21/2025)

1 Exhibit 1 - USPS Delivery Confirmation

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.Order

Set/Reset Deadlines

MINUTE ORDER. In view of 3 Notice of Related Case, Plaintiff is ORDERED to serve Defendant FORTHWITH. Plaintiff is FURTHER ORDERED TO SHOW CAUSE, by no later than 5:00 pm on April 21, 2025, why this case should not be consolidated with CREW v. OMB, 25-1051. Defendant shall respond to the OTSC within 24 hours of being served, and Plaintiff shall reply within 24 hours of the response. Signed by Judge Emmet G. Sullivan on 4/21/2025. (lcegs1)

Set/Reset Deadlines: Plaintiff's Response to Show Cause due by 4/21/2025. (zalh)

RESPONSE re 10 filed by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. (Banerjee, Carmen) Modified on 4/23/2025 to add link (mg). (Entered: 04/22/2025)

MOTION for Summary Judgment (Expedited), or in the Alternative a Preliminary Injunction or a Writ of Mandamus by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Jacobson Decl., # 4 Exhibit 1 - Ford Decl., # 5 Exhibit 2 - Carlile Decl., # 6 Exhibit 3 - Bagenstos Decl., # 7 Exhibit 4 - OMB Circular A-11, # 8 Exhibit 5 - Project 2025, pp 43-45, # 9 Exhibit 6 - GAO, B=331564, # 10 Exhibit 7 - DeLauro Division by Division Summary, # 11 Exhibit 8 - Protect Democracy Press Release, # 12 Exhibit 9 - Using OMB's Apportionment Website, # 13 Exhibit 10 - The Power of the Purse, # 14 Exhibit 11 - OpenOMB homepage, # 15 Exhibit 12 - Ford et al., # 16 Exhibit 13 - Agenda47, # 17 Exhibit 14 - Vought hearing transcript excerpt, # 18 Exhibit 15 - Krawzak, # 19 Exhibit 16 - Vought Letter, # 20 Exhibit 17 - DeLauro & Murray, # 21 Exhibit 18 - GAO Letter to OMB, # 22 Text of Proposed Order)(Jacobson, Daniel). Added MOTION for Preliminary Injunction, MOTION for Writ of Mandamus on 4/23/2025 (mg). (Entered: 04/22/2025)

1 Memorandum in Support

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2 Statement of Facts

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3 Declaration Jacobson Decl.

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4 Exhibit 1 - Ford Decl.

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5 Exhibit 2 - Carlile Decl.

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6 Exhibit 3 - Bagenstos Decl.

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7 Exhibit 4 - OMB Circular A-11

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8 Exhibit 5 - Project 2025, pp 43-45

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9 Exhibit 6 - GAO, B=331564

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10 Exhibit 7 - DeLauro Division by Division Summary

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11 Exhibit 8 - Protect Democracy Press Release

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12 Exhibit 9 - Using OMB's Apportionment Website

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13 Exhibit 10 - The Power of the Purse

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14 Exhibit 11 - OpenOMB homepage

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15 Exhibit 12 - Ford et al.

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16 Exhibit 13 - Agenda47

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17 Exhibit 14 - Vought hearing transcript excerpt

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18 Exhibit 15 - Krawzak

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19 Exhibit 16 - Vought Letter

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20 Exhibit 17 - DeLauro & Murray

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21 Exhibit 18 - GAO Letter to OMB

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22 Text of Proposed Order

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REPLY re 12 to Defendants' Response to Order to Show Cause filed by PROTECT DEMOCRACY PROJECT. (Jacobson, Daniel) Modified on 4/23/2025 to add link (mg). (Entered: 04/23/2025)

.Order

MINUTE ORDER. In view of 13 Motion for Summary Judgment (Expedited), or in the Alternative a Preliminary Injunction or a Writ of Mandamus, the following deadlines shall govern this matter: (1) Defendant shall file its response by no later than May 14, 2025; and (2) Plaintiff shall file its reply by no later than May 21, 2025. Signed by Judge Emmet G. Sullivan on 4/23/2025. (lcegs1)

Set/Reset Deadlines

.Order

Set/Reset Deadlines: Defendant Response due by 5/14/2025. Plaintiff Reply due by 5/21/2025. (mac)

MINUTE ORDER. In view of 10, 12 and 14 responses to order to show cause, as well as the responses from parties in CREW v. OMB, 25-cv-1051, the Court will not consolidate the cases as related pursuant to Federal Rule of Civil Procedure 42(a) at this time. It is ORDERED that the parties shall coordinate schedules to the extent possible subsequent to the Court's ruling on currently pending motions. Signed by Judge Emmet G. Sullivan on 4/24/2025. (lcegs1)

NOTICE of Appearance by Heidy L Gonzalez on behalf of All Defendants (Gonzalez, Heidy) (Entered: 04/25/2025)

Unopposed MOTION for Scheduling Order to Coordinate Preliminary Injunction Proceedings by PROTECT DEMOCRACY PROJECT. (Jacobson, Daniel) (Entered: 04/25/2025)

Order on Motion for Scheduling Order

MINUTE ORDER granting 16 Protect Democracy Project's Unopposed Motion to Coordinate Preliminary Injunction Proceedings. The following deadlines shall govern this matter: (1) Plaintiff shall withdraw its pending Motion for Summary Judgment, or in the Alternative a Preliminary Injunction or Writ of Mandamus, and within 24 hours of the posting of this Minute Order will file a new motion seeking relief that is identical to the pending motion in CREW v. OMB, 25-1051. Protect Democracy will not seek other forms of expedited relief in the district court until full resolution, including any appeals, of the forthcoming motion; (2) Defendant shall file its response by no later than May 2, 2025; and (3) Plaintiff shall file its reply by no later than May 5, 2025 at 9:00 am. The parties shall appear for a hearing on May 9, 2025 at 1:00 pm in Courtroom 24A. Counsel is reminded of the obligation to include a proposed order with each motion. See LCvR 7(c) ("Each motion and opposition shall be accompanied by a proposed order."). The scheduling order entered April 23, 2025 is HEREBY VACATED. Signed by Judge Emmet G. Sullivan on 4/26/2025. (lcegs1)

NOTICE OF WITHDRAWAL OF MOTION by PROTECT DEMOCRACY PROJECT re 13 MOTION for Summary Judgment (Expedited), or in the Alternative a Preliminary Injunction or a Writ of Mandamus MOTION for Preliminary Injunction MOTION for Writ of Mandamus (Jacobson, Daniel) (Entered: 04/27/2025)

MOTION for Preliminary Injunction or in the Alternative Partial Summary Judgment by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Jacobson Decl., # 4 Exhibit 1 - Ford Decl., # 5 Exhibit 2 - Carlile Decl., # 6 Exhibit 3 - Bagenstos Decl., # 7 Exhibit 4 - OMB Circular A-11, # 8 Exhibit 5 - Project 2025, pp 43-45, # 9 Exhibit 6 - GAO, B-331564, # 10 Exhibit 7 - DeLauro Division by Division Summary, # 11 Exhibit 8 - Protect Democracy Press Release, # 12 Exhibit 9 - Using OMB's Apportionment Website, # 13 Exhibit 10 - The Power of the Purse, # 14 Exhibit 11 - OpenOMB homepage, # 15 Exhibit 12 - Ford et al., # 16 Exhibit 13 - Agenda47, # 17 Exhibit 14 - Vought hearing transcript excerpt, # 18 Exhibit 15 - Krawzak, # 19 Exhibit 16 - Vought Letter, # 20 Exhibit 17 - DeLauro & Murray, # 21 Exhibit 18 - GAO Letter to OMB, # 22 Text of Proposed Order)(Jacobson, Daniel). Added MOTION for Partial Summary Judgment on 4/28/2025 (mg). (Entered: 04/27/2025)

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Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings: Defendant Response due by 5/2/2025. Plaintiff Reply due no later than 9:00AM on 5/5/2025. Preliminary Injunction Hearing set for 5/9/2025 at 1:00 PM in Courtroom 26A- In Person before Judge Emmet G. Sullivan.

MINUTE ORDER directing Defendant to file a Sur-Reply addressing any issues raised for the first time in Plaintiff's forthcoming Reply briefing by no later than 9:00 am on May 6, 2025. There will be no further briefings. Signed by Judge Emmet G. Sullivan on 5/1/2025. (lcegs1)

.Order

RESPONSE re 18 MOTION for Preliminary Injunction or in the Alternative Partial Summary Judgment MOTION for Partial Summary Judgment filed by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. (Attachments: # 1 Exhibit Kinneen Declaration, # 2 Exhibit Defendants' Counter-Statement, # 3 Text of Proposed Order)(Gonzalez, Heidy) (Entered: 05/02/2025)

Set/Reset Deadlines

Set/Reset Deadlines: Plaintiff Sur-Reply due no later than 9:00AM on 5/6/2025. (mac)

REPLY to opposition to motion re 18 Motion for Preliminary Injunction,,,,, Motion for Partial Summary Judgment,,,, filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Exhibit A - Supplemental Ford Declaration)(Jacobson, Daniel) (Entered: 05/05/2025)

SURREPLY to Plaintiff's Motion for Preliminary Injunction or in the Alternative Partial Summary Judgment filed by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. (Gonzalez, Heidy) (Entered: 05/05/2025)

Set/Reset Hearings AND Terminate Deadlines

Set/Reset Hearings: Preliminary Injunction Hearing set for 5/9/2025 at 01:00 PM in Courtroom 24A- In Person before Judge Emmet G. Sullivan. (mac)

Notice of Hearing

NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for May 9, 2025 at 1:00PM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 712190216. Any use of the public access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. (mac)

NOTICE of Appearance by Michael Kenneth Velchik on behalf of All Defendants (Velchik, Michael) (Entered: 05/08/2025)

Motion Hearing

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 5/9/2025 re 18 Motion for Preliminary Injunction or in the Alternative Partial Summary Judgment and Motion for Partial Summary Judgment filed by PROTECT DEMOCRACY PROJECT. The Court Had Colloquy With The Parties And Heard Oral Arguments. (Court Reporter SONJA REEVES.) (mac)

TRANSCRIPT OF MOTION HEARING before Judge Emmet G. Sullivan held on May 9, 2025; Page Numbers: 1-148. Date of Issuance: May 13, 2025. Court Reporter/Transcriber Sonja L. Reeves, RDR, CRR, Telephone number (202) 354-3246, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/3/2025. Redacted Transcript Deadline set for 6/13/2025. Release of Transcript Restriction set for 8/11/2025.(Reeves, Sonja) (Entered: 05/13/2025)

.Order

MINUTE ORDER. In view of Plaintiff's request at the oral argument on May 9, 2025 that the Court forego a preliminary injunction analysis and rule on its motion for partial summary judgment, Plaintiff is directed to file, by no later than 5:00 pm on June 4, 2025, supplemental briefing with a revised proposed order. Assuming the Court agrees to consolidate Plaintiff's motion for a preliminary injunction and motion for partial summary judgment pursuant to Federal Rule of Civil Procedure 65(a)(2), Plaintiff's supplemental briefing shall address: (1) why Plaintiff is entitled to the types of relief sought; (2) if plaintiff seeks permanent injunctive relief, whether the court must perform the balancing test for permanent injunctive relief prior to granting a permanent injunction as part of the final judgment on the merits; and (3) if the Court grants partial summary judgment to Plaintiff, how the Court should proceed on entering a final, appealable judgment given that at this time, Plaintiff has remaining claims before the Court. Defendants shall file their response by no later than 5:00 pm on June 6, 2025; and Plaintiff shall file its reply by no later than 9:00 am on June 9, 2025. Signed by Judge Emmet G. Sullivan on 6/2/2025. (lcegs2)

Joint MOTION for Extension of Time to File Supplemental Briefing by PROTECT DEMOCRACY PROJECT. (Jacobson, Daniel) (Entered: 06/03/2025)

Set/Reset Deadlines

Set/Reset Deadlines: Plaintiff Supplemental Briefing With A Revised Proposed Order due no later than 5:00PM on 6/4/2025. Defendants Response due no later than 5:00PM on 6/6/2025. Plaintiffs Reply due no later than 9:00AM on 6/9/2025. (mac)

NOTICE of Proposed Order by PROTECT DEMOCRACY PROJECT re 24 Joint MOTION for Extension of Time to File Supplemental Briefing (Attachments: # 1 Text of Proposed Order)(Jacobson, Daniel) (Entered: 06/04/2025)

SUPPLEMENTAL MEMORANDUM to Respond to June 2, 2025 Minute Order filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Text of Proposed Order)(Jacobson, Daniel) (Entered: 06/04/2025)

1 Text of Proposed Order

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Order on Motion for Extension of Time to

MINUTE ORDER granting in part 24 joint motion for extension of time. The following deadlines shall govern the supplemental briefing in this case: (1) Plaintiff's supplemental brief shall be filed by no later than 12:00 pm on June 9, 2025; (2) Defendants' response shall be filed by no later than 12:00 pm on June 16, 2025; and (3) Plaintiff's reply shall be filed by no later than 12:00 pm on June 18, 2025. Signed by Judge Emmet G. Sullivan on 6/4/2025. (lcegs3)

NOTICE of Withdrawal by PROTECT DEMOCRACY PROJECT re 26 Supplemental Memorandum (Snow, Kyla) (Entered: 06/05/2025)

Set/Reset Deadlines

Set/Reset Deadlines: Plaintiff's Supplemental Brief due no later than 12:00 pm on 6/9/2025. Defendants' Response due no later than 12:00 pm on 6/16/2025. Plaintiff's Reply due no later than 12:00 pm on 6/18/2025. (mac)

SUPPLEMENTAL MEMORANDUM to Respond to June 2, 2025 Minute Order filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Text of Proposed Order)(Jacobson, Daniel) (Entered: 06/09/2025)

Notice of Error

NOTICE OF ERROR regarding 27 Notice (Other). Please note for future filing: signature on document must match PACER login. (mg)

RESPONSE re 28 Supplemental Memorandum, filed by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Gonzalez, Heidy) Modified on 6/18/2025 to add link (mg). (Entered: 06/16/2025)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Attachments: # 1 Text of Proposed Order)(Banerjee, Carmen) (Entered: 06/16/2025)

Order on Motion for Extension of Time to Answer

Set/Reset Deadlines

MINUTE ORDER granting 30 Defendants' Unopposed Motion for Extension of Time. Defendants are directed to answer or otherwise respond to the complaint by no later than July 21, 2025. Signed by Judge Emmet G. Sullivan on 6/17/2025. (lcegs2)

Set/Reset Deadlines: Defendant Answer Or Otherwise Response To The Complaint due by 7/21/2025. (mac)

REPLY re 28 Supplemental Memorandum, filed by PROTECT DEMOCRACY PROJECT. (Jacobson, Daniel) Modified on 6/18/2025 to add link (mg). (Entered: 06/18/2025)

Unopposed MOTION for Extension of Time to File Answer by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Attachments: # 1 Text of Proposed Order)(Banerjee, Carmen) (Entered: 07/18/2025)

Order on Motion for Extension of Time to Answer

MINUTE ORDER granting 32 unopposed motion for extension of time. Defendants shall respond to Plaintiff's Complaint within 21 days from the Court's order on Plaintiff's Motion for a Preliminary Injunction or in the Alternative Partial Summary Judgment, ECF No. 18. Signed by Judge Emmet G. Sullivan on 7/18/2025. (lcegs1)

ORDER denying 18 Motion for Preliminary Injunction; granting 18 Motion for Partial Summary Judgment. Signed by Judge Emmet G. Sullivan on 7/21/2025. (lcegs2) (Entered: 07/21/2025)

MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 7/21/2025. (lcegs2)

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 34 Memorandum & Opinion, 33 Order on Motion for Preliminary Injunction, Order on Motion for Partial Summary Judgment by RUSSELL VOUGHT, U.S. OFFICE OF MANAGEMENT AND BUDGET. Fee Status: No Fee Paid. Parties have been notified. (Gonzalez, Heidy) (Entered: 07/22/2025)

MOTION to Stay Pending Appeal by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Attachments: # 1 Text of Proposed Order)(Gonzalez, Heidy) (Entered: 07/22/2025)

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 35 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 07/23/2025)

RESPONSE re 36 MOTION to Stay Pending Appeal filed by PROTECT DEMOCRACY PROJECT. (Jacobson, Daniel) (Entered: 07/23/2025)

USCA Case Number

Order on Motion to Stay

USCA Case Number 25-5267 for 35 Notice of Appeal to DC Circuit Court, filed by RUSSELL VOUGHT, U.S. OFFICE OF MANAGEMENT AND BUDGET. (mg)

MINUTE ORDER. Upon consideration of Defendants' 36 Motion for a Stay Pending Appeal and Plaintiff's 38 response thereto, the motion is DENIED. For all of the reasons articulated in the Court's July 21, 2025 Opinion, Defendants' conduct in removing the Public Apportionments Database unequivocally violates federal law. See Mem. Op., ECF No. 34. The Court's Opinion addressed each of the Defendants' arguments reiterated in the Motion to Stay, concluding that the public disclosure requirement of the 2022 and 2023 Acts does not infringe upon Executive power nor does it "impede the Presidents constitutional authority over the implementation of appropriations[.]" Defs.' Mot., ECF No. 36 at 4. The Court further denies Defendants' requests to extend the administrative stay or stay the statutory time requirement of publishing apportionment decisions within two days of their approval. As to the first, Protect Democracy states that Defendants have already requested such relief from the Court of Appeals. As to the second, this is the first time Defendants have made the request-despite multiple rounds of briefing-and provide no points and authorities in support of it. The Court will not be complicit in further delaying Plaintiff and the public of information they are entitled to know as a matter of federal law!! Signed by Judge Emmet G. Sullivan on 7/23/2025. (lcegs2)

FINAL JUDGMENT in favor of Plaintiff against Defendants. Signed by Judge Emmet G. Sullivan on 07/28/25. (mac) (Entered: 07/28/2025)

CLERK'S JUDGMENT in favor of Plaintiff against Defendants on 07/28/25. (mac) (Entered: 07/28/2025)

MOTION to Enforce by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Jacobson, Daniel) (Entered: 09/19/2025)

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NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. Attorney Carmen M. Banerjee terminated. (Banerjee, Carmen) (Entered: 09/29/2025)

MOTION Relief from the District Court's October 1 Standing Order by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Text of Proposed Order)(Jacobson, Daniel) (Entered: 10/06/2025)

1 Text of Proposed Order

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RESPONSE re 43 MOTION Relief from the District Court's October 1 Standing Order filed by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. (Gonzalez, Heidy) (Entered: 10/07/2025)

.Order

Set/Reset Deadlines

MINUTE ORDER directing plaintiff to reply to 44 response by no later than 12:00 pm on 10/8/2025. Signed by Judge Emmet G. Sullivan on 10/7/2025. (lcegs1)

Set/Reset Deadlines: |Plaintiff Reply To 44 Response due no later than 12:00 pm on 10/8/2025. (mac)

REPLY to opposition to motion re 43 Motion for Miscellaneous Relief filed by PROTECT DEMOCRACY PROJECT. (Jacobson, Daniel) (Entered: 10/08/2025)

MINUTE ORDER granting 43 Motion for Relief from the District Court's October 1 Standing Order ("Mot. For Relief"). On September 19, 2025, Plaintiff filed a Motion to Enforce the Court's July 21, 2025 Injunction. See Motion to Enforce, ECF No. 41. Pursuant to the local rules of the court, defendant's brief in opposition was due on October 3, 2025, but was not filed. See generally Docket for Civil Action No. 25-1111. On October 6, 2025, Plaintiff filed the instant motion seeking relief from the Standing Order extending deadlines and staying matters in civil cases involving the federal government, subject to certain exceptions, due to the current government shutdown. See In re: Stay of Civil Proceedings Involving the United States in Light of Lapse of Appropriations, Standing Order No. 25-55 (Oct. 1, 2025) (Boasberg, C.J.). The Standing Order applies to Plaintiff's Motion to Enforce since Plaintiff's motion is neither a motion for temporary restraining order nor preliminary injunction. See id. at 2. The government contends that the only exceptions to the general prohibition on the ability of Executive Branch employees to work during a lapse in appropriations are "emergencies involving the safety of human life or the protection of property." Opp'n, ECF No. 44 at 1 (quoting 31 U.S.C. § 1342). However, Plaintiff points out that the Department of Justice's own Contingency Plan provides that there are five categories of work that Executive Branch employees may perform during a lapse in appropriations. Reply, ECF No. 45 at 2 (citing U.S. Department of Justice FY 2026 Contingency Plan ("DOJ Contingency Plan") at 1 (Sept. 29, 2025), https://www.justice.gov/jmd/media/1377216/dl; see also OMB, Frequently Asked Questions During a Lapse in Appropriations at 14 (Oct. 3, 2025), https://www.whitehouse.gov/wpcontent/ uploads/2025/09/Frequently-Asked-Questions-During-a-Lapse-in-Appropriations.pdf.). Relevant here, Executive Branch employees may perform activities "for which there is an express authority to continue during an appropriations lapse." DOJ Contingency Plan at 1. The Contingency Plan explains that "[i]f a court... orders a case to continue, the Government will comply with the court's order, which would constitute express legal authorization for the activity to continue." Id. at 3. Accordingly, the Court lifts the stay imposed by the Standing Order and orders briefing on the Motion to Enforce the Court's July 21, 2025 Injunction. See, e.g., United States v. Google LLC, No. 1:20-cv-3010, Oct. 2, 2025 Minute Order (D.D.C.); Rhode Island Coal. Against Domestic Violence v. Kennedy, No. 1:25-cv-0342, Oct. 1, 2025 Text Order (D.R.I.); Camp Lejeune Water Litigation v. United States, No. 7:23-cv- 0897, 2025 WL 2827029, ECF No. 644 (E.D.N.C. Oct. 6, 2025); United States v. Live Nation Entertainment, Inc., No. 1:24-cv-03973, ECF No. 652 (S.D.N.Y. Oct. 1, 2025); Am. Fed'n of Gov't Emps. v. Trump, No. 3:25-cv-3698, ECF No. 276 (N.D. Ca. Oct. 3, 2025); Planned Parenthood Fed'n of Am., Inc. v. Kennedy, Nos. 25-1698, 25-1755, Doc. 00118347754 (1st Cir. Oct. 2, 2025); Natl TPS Alliance v. Noem, No. 25-5724, Doc. 29.1 (9th Cir. Oct. 2, 2025). The government shall file its Opposition brief to Plaintiff's Motion to Enforce by no later than October 20, 2025; and Plaintiff shall file its Reply brief by no later than October 27, 2025. Signed by Judge Emmet G. Sullivan on 10/10/2025. (lcegs1)

Order on Motion for Miscellaneous Relief

Set/Reset Deadlines